May 12, 2005

Reid Floor Statement on Sixth Circuit Nominees

Senate Democratic Leader Harry Reid issued the following statement on the Senate Floor today.

Mr. President, I want to try again to persuade my Republican colleagues that the nuclear option to break the Senate rules regarding judicial nominations is unnecessary and unwise.

Earlier this week, I came to the Senate floor and offered to enter into a unanimous consent agreement that would allow an up-down vote for Thomas Griffith, a controversial nominee to the D.C. Circuit Court of Appeals.

We have confirmed 208 of President Bush’s nominees to the federal court. But, 95% isn’t good enough, and Republican leaders have brought us to the brink of a nuclear show down that is bad for the Senate and bad for the country.

As I said on the floor earlier this week, Democrats understand the meaning of checks and balances, and our constitutional role in ensuring a fair and independent judiciary. I said “we know the difference between opposing nominees and blocking nominees. We will oppose bad nominees, but we will only block unacceptable nominees.”

Unfortunately, my effort to demonstrate good faith was immediately rejected. The Majority Leader indicated that the Senate would not be allowed to vote on Mr. Griffith unless Senate Democrats agree to an up-down vote on all judicial nominees. What that means is that the Majority Leader won’t compromise unless Democrats agree to give up the last check in Washington against abuse of power – the right to filibuster. This isn’t about 7 radical judges, it’s about paving the way to put a right wing conservative on the Supreme Court.

Our position is clear: let’s find common ground and confirm some judges. Their position appears to be: let’s threaten to break the rules until we get everything we want. If we can’t find compromise, as I said on Tuesday, we are ready to vote. We will fight to protect the nation’s constitutional system of checks and balances. That’s what the people sent us here to do, and we will live up to our responsibility to the American people.

Today I want to try again to do what my Republican judges say they want to do: confirm federal judges. Today I am prepared to enter into a unanimous consent agreement with respect to two and possibly three nominees to the Sixth Circuit Court of Appeals:

• David McKeague

• Richard Griffin and possibly

• Susan Neilson

The Sixth Circuit nominees from Michigan have been caught up in a dispute that began when the Republican Senate failed to vote on either of the two eminently qualified women who President Clinton had nominated to the Michigan seats on that court: Helene White and Kathleen McCree Lewis.

Helene White is a distinguished judge on the Michigan Court of Appeals. Her nomination was pending in the Senate Judiciary Committee for over four years. Kathleen McCree Lewis is a highly regarded appellate litigator at a prominent Detroit law firm. Her nomination was pending for over one year.

Despite their outstanding qualifications, both of these nominees, along with over 60 other Clinton nominees, were buried in the Republican-controlled Judiciary Committee. They were never given the courtesy of consideration by the Judiciary Committee, much less the courtesy of an up-down vote by the full Senate.

It seems like every day around here, a Republican Senator comes to the floor and says that every judicial nominee is entitled to an up-down vote on the Senate floor. I challenge those Senators to explain why Helene White and Kathleen Lewis were denied up-down votes on the Senate floor.

The failure of the Senate to confirm these two outstanding Clinton nominees meant that there were vacancies on the Sixth Circuit when President Bush took office. President Bush nominated candidates to fill those unjustified vacancies. And as other judges have left the court, the President has eventually sent four Sixth Circuit nominees to the Senate.

In light of the shameful treatment of President Clinton’s Sixth Circuit nominees, Senators Levin and Stabenow objected to the Bush nominees to this court, and three of them were filibustered in the last Congress. They were determined that the GOP tactic of denying hearings and votes to qualified nominees should not succeed.

I want to be clear that I fully support the actions of the two Senators from Michigan. They have been fighting a grave injustice that was perpetrated on Helene White and Kathleen Lewis. They have been fighting for the principle of fair treatment. I and all Democrats have been proud to stand with them in that fight.

But now, with the Senate facing the threat of the nuclear option, we have to remember why we are here. We are here to govern, not endlessly engage in political bickering that brings us to the brink of a Republican shutdown. The American people face great challenges each and every day – escalating health care costs, record high gas prices, skyrocketing tuition, mounting debts that will be handed down to our children and our grandchildren. Under George Bush’s leadership, middle class Americans have gone backwards, not forwards. And, instead of helping them, we are bickering over 7 radical judges.

For the sake of the American people, and for the integrity of the United States Senate, Democrats have been and will be reasonable. Too much is at stake. Our very system of constitutional checks and balances are at stake in this dispute. If granting an up-down vote to two and possibly three of these Sixth Circuit judges might help to avert the Republican shutdown and destruction of the Senate as we know it, we would reluctantly agree to do that.

One of the three Sixth Circuit nominees who were previously filibustered – Henry Saad – would have been filibustered anyway because there are serious concerns about his suitability to be a federal judge. But the other two nominees – Richard Griffin and David McKeague -- would not have been filibustered but for the treatment of the Clinton nominees.

The fourth nominee, Susan Neilson, was not reported from the Committee last year because at that time she was in poor health. The Michigan Senators are prepared to promptly vet her nomination as they did the other Sixth Circuit nominees.

Accordingly, I want the Majority Leader to be aware that Democrats are prepared to enter into the following unanimous consent agreement. If the nominations of Richard Griffin, David McKeague and Susan Neilson are reported from the Judiciary Committee, we would agree to limit floor debate on all three nominees to a total of six hours, equally divided. Following the use or yielding back of that time, there would be a vote on each of these three nominations.

So once again I say to my Republicans colleagues: Do you want to confirm judges or do you want to provoke a fight?

We have confirmed all four of the judicial nominees the Majority Leader has brought to the floor this year. We are prepared to vote on the nomination of Thomas Griffith to the D.C. Circuit. We are prepared to vote on two and possibly three nominees to the Sixth Circuit. Why are we being denied the opportunity to confirm these judges?

We have already confirmed 208 of President Bush’s judicial nominations. If the Majority Leader would accept our offer to vote on Griffith and these Sixth Circuit nominees, we would have confirmed 212 of President Bush’s nominees and rejected only 5.

Is the Majority prepared to break the rules and violate 217 years of Senate tradition, all for 5 extreme judges? I hope not.

In a New York Times Op-Ed two days ago, former Senator George Mitchell quoted from a famous speech delivered by one of his predecessors in this body, former Maine Senator Margaret Chase Smith. In her famous "Declaration of Conscience" against the terrible McCarthyism then practiced by members of her own party, Senator Smith said the following:

“I don’t believe the American people will uphold any political party that puts political exploitation above national interest. Surely we Republicans aren’t that desperate for victory. While it might be a fleeting victory for the Republican Party, it would be a more lasting defeat for the American people. Surely it would ultimately be suicide for the Republican Party and the two-party system that has protected our American liberties from the dictatorship of a one party system.”

Today the Senate is not plagued by McCarthyism but by an abuse of power. Still, Senator Smith’s words ring true. I hope there are enough modern day Senator Smiths who will be guided by the interests of the nation.

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